Legal Opinion

Emery v. Vroman

Wisconsin Supreme Court

Decided June 15, 1865PublishedCited by 2 opinions

APPEAL from the Circuit Court for Dane County. Ejectment for the undivided half of lots 5 and 10 in block 92 in the city of Madison. The plaintiff proved that Thomas P. Burnett died intestate in 1846, seized of said lots, .and read the deposition of Alfred Branson proving that the plaintiff (now married to one Emery) and her brother, Thomas B., were the sole heirs of Thomas P. Burnett.

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APPEAL from the Circuit Court for Dane County. Ejectment for the undivided half of lots 5 and 10 in block 92 in the city of Madison. The plaintiff proved that Thomas P. Burnett died intestate in 1846, seized of said lots, .and read the deposition of Alfred Branson proving that the plaintiff (now married to one Emery) and her brother, Thomas B., were the sole heirs of Thomas P. Burnett. The witness Brunson also testified that he received letters of guardianship of said Mary and Thomas during their minority ; that he made application to the county court of Grant county for license to sell their…

1Opinion of the Court

By the Court,

Dixoít, O. J.

The sale of the real estate of the ward for his maintenance or education, and the sale of the same property for the payment of his debts, are subjects so nearly identical and so proper to be governed by one course of proceeding, that it is difficult to define the wisdom or utility of two statutes, one for the former and the other for the latter, with such slight changes as are found in chapters 64 and 65 of the Revised Statutes of 1849. The same differences *699still exist tinder the present revision. R. S., 1858, chaps. 98 and 94. Why, for instance, in the latter case…

2Cited by2 opinions

  1. Bechtel v. WierCalifornia Supreme Court · 1907
  2. Blackman v. BaumannWisconsin Supreme Court · 1868

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